BILL NUMBER: AB 2665	CHAPTERED  09/30/00

	CHAPTER   972
	FILED WITH SECRETARY OF STATE   SEPTEMBER 30, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 29, 2000
	PASSED THE ASSEMBLY   AUGUST 30, 2000
	PASSED THE SENATE   AUGUST 28, 2000
	AMENDED IN SENATE   AUGUST 23, 2000
	AMENDED IN SENATE   MAY 30, 2000

INTRODUCED BY   Assembly Member Ackerman
   (Coauthors:  Assembly Members Ashburn, Bates, Battin, Campbell,
Cox, Dickerson, Florez, Leach, Robert Pacheco, Pescetti, and Zettel)
   (Coauthor:  Senators Monteith and Morrow)

                        FEBRUARY 25, 2000

   An act to amend Section 11105.3 of the Penal Code, to amend
Section 15660 of, and to add Section 15660.1 to, the Welfare and
Institutions Code, relating to crime prevention.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2665, Ackerman.  Crime prevention:  criminal record reporting.
   (1) Existing law authorizes a human resource agency or an employer
to request from the Department of Justice records of all convictions
or any arrest for which the person is released on bail or on his or
her own recognizance pending trial, involving any sex crimes, drug
crimes, or crimes of violence, as defined.  Existing law requires the
department to furnish records to a requester if, among other things,
the subject of the request has a total of 3 or more felony or
misdemeanor convictions within the immediately preceding 10-year
period or if the subject has a felony or misdemeanor conviction
within 10 years of the employer's request, as specified, for any of a
number of specified violations, provided that the subject of the
request has a total of 3 or more felony or misdemeanor convictions
within the immediate preceding 10-year period.
   This bill would also require that records be furnished if the
subject of the request for criminal records has been incarcerated for
any of the convictions within the 10-year period following the
convictions or, in the case of a felony conviction that is over 10
years old, if the subject was incarcerated within 10 years of the
employer's request.
   (2) Existing law requires the Department of Justice to secure any
criminal record of a person to determine whether the person has been
convicted within the last 10 years of a sex offense against a minor
or of a violation of other specified crimes, including any felony,
if, for purposes of the In-Home Supportive Services program, an
employer of the person requests the determination and submits
fingerprints of the person to the department. Likewise, under
existing law, if it is found that the person has been convicted
within the last 10 years of these offenses, the department is
required to notify the employer of that fact or provide a statement
of the fact that no criminal record is found.
   This bill would additionally require that the department secure a
criminal record or notify the employer if the person was incarcerated
within the last 10 years for these offenses.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 11105.3 of the Penal Code is amended to read:
   11105.3.  (a) Notwithstanding any other law, a human resource
agency or an employer may request from the Department of Justice
records of all convictions or any arrest pending adjudication
involving the offenses specified in subdivision (h) of a person who
applies for a license, employment, or volunteer position, in which he
or she would have supervisory or disciplinary power over a minor or
any person under his or her care.  The department shall furnish the
information to the requesting employer and shall also send a copy of
the information to the applicant.
   (b) Any request for records under subdivision (a) shall include
the applicant's fingerprints, which may be taken by the requester,
and any other data specified by the department.  The request shall be
on a form approved by the department, and the department may charge
a fee to be paid by the employer, human resource agency, or applicant
for the actual cost of processing the request.  However, no fee
shall be charged a nonprofit organization.  The department shall
destroy an application within six months after the requested
information is sent to the employer and applicant.
   (c) (1) Where a request pursuant to this section reveals that a
prospective employee or volunteer has been convicted of an offense
specified in paragraph (1) of subdivision (h), and where the agency
or employer hires the prospective employee or volunteer, the agency
or employer shall notify the parents or guardians of any minor who
will be supervised or disciplined by the employee or volunteer.  The
notice shall be given to the parents or guardians with whom the child
resides, and shall be given at least 10 days prior to the day that
the employee or volunteer begins his or her duties or tasks.
Notwithstanding any other provision of law, any person who conveys or
receives information in good faith conformity with this section is
exempt from prosecution under Section 11142 or 11143 for that
conveying or receiving of information.  Notwithstanding subdivision
(d), the notification requirements of this subdivision shall apply as
an additional requirement of any other provision of law requiring
criminal record access or dissemination of criminal history
information.
   (2) The notification requirement pursuant to paragraph (1) shall
not apply to a misdemeanor conviction for violating Section 261.5 or
to a conviction for violating Section 262 or 273.5.  Nothing in this
paragraph shall preclude an employer from requesting records of
convictions for violating Section 261.5, 262, or 273.5 from the
Department of Justice pursuant to this section.
   (d) Nothing in this section supersedes any law requiring criminal
record access or dissemination of criminal history information.  In
any conflict with another statute, dissemination of criminal history
information shall be pursuant to the mandatory statute.  This
subdivision applies to, but is not limited to, requirements pursuant
to Article 1 (commencing with Section 1500) of Chapter 3 of, and
Chapter 3.2 (commencing with Section 1569) and Chapter 3.4
(commencing with Section 1596.70) of, Division 2 of, and Section 1522
of, the Health and Safety Code, and Sections 8712, 8811, and 8908 of
the Family Code.
   (e) The department may adopt regulations to implement the
provisions of this section as necessary.
   (f) As used in this section, "employer" means any nonprofit
corporation or other organization specified by the Attorney General
which employs or uses the services of volunteers in positions in
which the volunteer or employee has supervisory or disciplinary power
over a child or children.
   (g) As used in this section, "human resource agency" means a
public or private entity, excluding any agency responsible for
licensing of facilities pursuant to the California Community Care
Facilities Act (Chapter 3 (commencing with Section 1500)), the
California Residential Care Facilities for the Elderly Act (Chapter
3.2 (commencing with Section 1569)), Chapter 3.01 (commencing with
Section 1568.01), and the California Child Day Care Facilities Act
(Chapter 3.4 (commencing with Section 1596.70)) of Division 2 of the
Health and Safety Code, responsible for determining the character and
fitness of a person who is (1) applying for a license, employment,
or as a volunteer within the human services field that involves the
care and security of children, the elderly, the handicapped, or the
mentally impaired, or (2) applying to adopt a child or to be a foster
parent.
   (h) Records of the following offenses shall be furnished as
provided in subdivision (a):
   (1) Violations or attempted violations of Section 220, 261.5, 262,
273a, 273d, or 273.5, or any sex offense listed in Section 290,
except for the offense specified in subdivision (d) of Section 243.4.

   (2) Any crime described in the California Uniform Controlled
Substances Act (Division 10 (commencing with Section 11000) of the
Health and Safety Code), provided that, except as otherwise provided
in subdivision (c), no record of a misdemeanor conviction shall be
transmitted to the requester unless the subject of the request has a
total of three or more misdemeanor or felony convictions defined in
this section within the immediately preceding 10-year period or has
been incarcerated as a result of any of those convictions within the
preceding 10 years.
   (3) Any felony or misdemeanor conviction within 10 years of the
date of the employer's request under subdivision (a) or any felony
conviction that is over 10 years old if the subject of the request
was incarcerated within 10 years of the employer's request, for a
violation or attempted violation of Chapter 3 (commencing with
Section 207), Section 211 or 215, wherein it is charged and proved
that the defendant personally used a deadly or dangerous weapon, as
provided in subdivision (b) of Section 12022, in the commission of
that offense, Section 217.1, Chapter 8 (commencing with Section 236),
Chapter 9 (commencing with Section 240), and for a violation of any
of the offenses specified in subdivision (c) of Section 667.5,
provided that no record of a misdemeanor conviction shall be
transmitted to the requester unless the subject of the request has a
total of three or more misdemeanor or felony convictions defined in
this section within the immediately preceding 10-year period or has
been incarcerated for any of those convictions within the preceding
10 years.
   (4) A conviction for a violation or attempted violation of an
offense committed outside the State of California shall be furnished
if the offense would have been a crime as defined in this section if
committed in California.
   (i) Except as provided in subdivision (c), any criminal history
information obtained pursuant to this section is confidential and no
recipient shall disclose its contents other than for the purpose for
which it was acquired.
  SEC. 2.  Section 15660 of the Welfare and Institutions Code is
amended to read:
   15660.  (a) The Department of Justice shall secure any criminal
record of a person to determine whether the person has been convicted
or incarcerated within the last 10 years as the result of committing
a sex offense against a minor, a violation of Section 243.4, 273a,
273d, or subdivision (a) or (b) of Section 368, of the Penal Code,
theft, robbery, burglary, or any felony, if both of the following
conditions are met:
   (1) An employer of the person requests the determination and
submits fingerprints of the person to the Department of Justice.  For
purposes of this paragraph, "employer" includes, but is not limited
to, an in-home supportive services recipient, as defined by Section
12302.2 and any recipient of personal care services under the
Medi-Cal program pursuant to Section 14132.95.
   (2) The person is unlicensed and provides nonmedical domestic or
personal care to an aged or disabled adult in the adult's own home.
   (b) (1) If it is found that the person has been convicted or
incarcerated within the last 10 years as the result of committing a
sex offense against a minor, a violation of Section 243.4, 273a,
273d, or subdivision (a) or (b) of Section 368, of the Penal Code,
theft, robbery, burglary, or any felony, the Department of Justice
shall notify the employer of that fact.  If no criminal record
information has been recorded, the Department of Justice shall
provide the employer with a statement of that fact.
   (2) Any employer may deny employment to any person who is the
subject of a report under paragraph (1) when the report indicates
that the person has committed any of the crimes identified in
paragraph (1).
   (3) Nothing in this section shall be construed to require any
employer to hire any person who is the subject of a report under
paragraph (1) when the report indicates that the person has not
committed any of the crimes indicated in paragraph (1).
   (c) (1) Fingerprints shall be on a card provided by the Department
of Justice for the purpose of obtaining a set of fingerprints.  The
employer shall submit the fingerprints to the Department of Justice.
Within 30 calendar days of the receipt of the fingerprints, the
Department of Justice shall notify the employer of the criminal
record information, as provided in this subdivision.  If no criminal
record information has been recorded, the Department of Justice shall
provide the employer with a statement of that fact as soon as
possible, but not later than 30 calender days of receipt of the
fingerprints.  If new fingerprints are required for processing, the
Department of Justice shall, as soon as possible, but not later than
30 calendar days from the date of receipt of the fingerprints, notify
the employer that the fingerprints were illegible.
   (2) Fingerprints may be taken by any local law enforcement officer
or agency for purposes of paragraph (1).
   (3) Counties shall notify any recipient of, or applicant for,
in-home supportive services or personal care services under the
Medi-Cal program, upon his or her application for in-home supportive
services or personal care services or during his or her annual
redetermination, or upon the recipient's changing providers, that a
criminal record check is available, and that the check can be
performed by the Department of Justice.
   (d) The Department of Justice shall charge a fee to the employer
to cover the costs of administering this section.
   (e) It is the intent of the Legislature that the Department of
Justice charge a fee to cover its cost in providing services in
accordance with this section to comply with the 30 calendar day
requirement for provision to the department of the criminal record
information, as contained in subdivision (c).
  SEC. 3.  Section 15660.1 is added to the Welfare and Institutions
Code, to read:
   15660.1.  Section 15660 shall also apply to persons who have been
incarcerated within the past 10 years as a result of committing any
of the offenses listed in that section.
  SEC. 4.  Section 3 of this bill, adding Section 15660.1 to the
Welfare and Institutions Code, shall become operative only if both
this bill and Assembly Bill 2137 are enacted and become effective on
or before January 1, 2001, and each bill proposes to amend Section
15660 of the Welfare and Institutions Code, in which case Section 2
of this bill, amending Section 15660 of the Welfare and Institutions
Code, shall not become operative.
